SHIV NANDAN MAHTO versus STATE OF BIHAR & ORS.

SHIV NANDAN MAHTO versus STATE OF BIHAR & ORS.

Appellant was entitled to full back wages for the period he was kept out of service as it was due to an administrative mistake and not due to any fault or suspension; 'no work no pay' principle was inapplicable in these circumstances.

Parties
Appellant: Shiv Nandan Mahto; Respondents: State of Bihar & Ors.
Jurisdiction
India
Judgment Date
08 July 2013
Procedural Posture
Civil Appeal / Supreme Court Final Order
Outcome
Appeal allowed; Division Bench order quashed and set aside.
Legal Topics
Back Wages, Reinstatement, Continuity of Service
Service Law Back Wages Reinstatement Continuity of Service

Case Brief

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Parties

Shiv Nandan Mahto

Appellant

State of Bihar & Ors.

Respondents

Procedural Posture

Civil Appeal / Supreme Court Final Order

Legal Issues

  1. 1 Entitlement to back wages for period kept out of service due to administrative mistake

Ratio Decidendi

Appellant was entitled to full back wages for the period he was kept out of service as it was due to an administrative mistake and not due to any fault or suspension; 'no work no pay' principle was inapplicable in these circumstances.

Court Disposition

Appeal allowed; Division Bench order quashed and set aside.

Orders

  • Respondents directed to pay entire full backwages to appellant for period kept out of service till reinstatement with 9% interest.
  • Payment to be made within three months from receipt of copy of order.